Limitation Periods: Is it too late?

We often speak to callers who inaccurately believe that it is too late to pursue a claim for an injury or loss. Whether or not it is too late to pursue such a claim is determined by the appropriate limitation period. Generally speaking, the law governing limitation periods in Ontario is the Limitations Act, 2002. The Limitations Act, 2002, contains a basic limitation period and an ultimate limitation period.

The basic limitation period provides that a claim for an injury or loss must be brought prior to the second anniversary of the day the claim was discovered or ought to have been discovered. A claim can be discovered in a number of ways, such as the day the person first knew the loss occurred, the day the person first found out what caused the loss to occur, or considering the nature of the loss, the time of which it would be appropriate to seek to remedy it.

The ultimate limitation period outlines how regardless of discoverability, no proceeding shall commence after the fifteenth year of the day on which the loss took place.

It is important to note that both limitation periods do not run when the person with the claim for injury or loss is a minor and not represented by a litigation guardian or is an incapable person physically, mentally, or psychologically and not represented by a litigation guardian.

There are exceptions to these rules and limitation periods can be tricky. In fact, in certain situations, you need to give notice of your claim within 7 days and bring an action within 30 days. Therefore it is important to contact a lawyer immediately to find out which limitation period applies. If you have a question regarding a limitation period for a potential claim the lawyers at KRMC can help!

The information you obtain at this site (including this blog) is not, nor is it intended to be, legal advice. You should consult a lawyer for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create a lawyer-client relationship. Please do not send any confidential information to us until such time as a lawyer-client relationship has been established.

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